Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 2045 entitled:

begs leave to report as follows:

The purpose of this measure is to make technical, clarifying amendments to Act 233, Session Laws of Hawaii, 2001, by replacing the requirement that the court issue expungement orders for certain cases where the arrest was incurred when the adult was a minor with a requirement that the court consult with the prosecuting attorney before expunging an arrest record that was never referred to the court.

Your Committee heard testimony in favor of the measure from the State Attorney General, Department of Human Services Office of Youth Services, City and County of Honolulu Department of the Prosecuting Attorney, Juvenile Justice Information Committee, and Honolulu Police Department. The Office of the Public Defender offered comments on the measure.

Your Committee finds that the need for judicial discretion in cases where requests are received for expungment of a juvenile arrest record is consistent with findings already made by the Juvenile Justice Information Committee, a body composed of the four County police chiefs, the four prosecuting attorneys, the four administrative directors of the Family Court, two Family Court judges, and the executive director of the Office of Youth Services.

Your Committee notes, however, the Public Defender's concern that the measure makes an artificial distinction between informal adjustments of juvenile arrest records and court adjudicated adjustments and unfairly penalizes the individual who may have had only one contact with law enforcement while rewarding the person who had a case dismissed because of an unavailable witness or other non-substantive reason. Your Committee urges the Judiciary Committee to work with the Public Defender and other juvenile advocates to address this concern.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2045 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.